Law and Social Change
ADMINISTRATIVE SERVICES AGREEMENT - CAS
Luz Diana Villaverde Panduro *
This research is referred to highlight the benefits of the new institution called ADMINISTRATIVE SERVICES AGREEMENT - CAS, therefore, we must first note that, as stated in article 1 of Legislative Decree No. 1057 "is a contractual arrangement for public administration, custodial State which links to a public entity with an individual who provides services on a non-autonomous."
This new legal instrument in force since June 29, 2008, as noted by the Fourth Complementary Final Legislative Decree No. 1057 and governed by public law, conferring only subject the benefits and obligations established by Legislative Decree No. 1057 and its Regulations, approved by Supreme Decree 075-2008-PCM, which is plane excluded from the benefits provided in both the Legislative Decree 276, Law on the Basis of Civil Service and Public Sector Wages, as in the Legislative Decree No. 728, which regulates the employment of workers subject to private activity .
This relationship is characterized by the provision of services of non-self by the contract, in favor of a public entity, it is exercised dependent manner, without giving rise to the employment relationship with the Bank.
benefits not previously recognized in the regime of non-personal services, now with this new regime governing the CAS, refer to:
or a maximum workday of 48 hours of service per week, able to contract for fewer hours a week, if deemed appropriate.
The overtime provision of services is offset by alternative physical rest. Weekly
or twenty-four hours of continuous paid. The timing of the break will be determined by the state, according to their own needs.
or physical closing fifteen calendar days pay for each year of continuous service. This benefit is gained at one year of service in the institution, starting the day after CAS signed. The renewal or extension does not interrupt service time accumulated.
or persons providing services in the form of CAS are regular subscribers of the contributory system of social security in health, in accordance with the provisions of Article 3 of Law 2 N º 26790 - Law of Modernization of the Social Security Health - and its regulations and amendments. Also included are the title referred to the Act.
registration procedures, the declaration, payment of contributions to Social Security Systems by State, Income Tax, accreditation and other persons providing services in the form of CAS are SUNAT charge and are conducted in accordance with the provisions of Law No. 27334 and its regulations.
public entities are required to make the registration of those hired under CAS, the declaration, payment of contributions to the Social Security System by the State and the income tax in a timely manner.
People who provide services in the form of CAS also enjoy additional coverage SCTR, as appropriate, for which the administration must engage the SCTR for health to EsSalud or EPS and pension SCTR to the ONP or insurance company, always to develop high-risk activities set out in Annex 5 of Decree Supreme Decree No. 009-97-SA.
According to the Third Supplementary Provision Final Regulation, the obligation to pay the scheme Contributory Social Security in Health on the Legislative Decree No. 1057, will operate from January 1, 2009, with budgets institutional respective specifications approved for this fiscal year, without demanding additional resources to the Treasury.
The grace period is defined as the time period of three (03) periods counted from the start of registration as a regular member and their beneficiaries, during which there is no right to benefits coverage EsSalud.
In the case of new hires to start providing its services from January 1, 2009, for the enjoyment of benefits EsSalud must comply with the vesting period.
is excepted from the exclusion period, the CAS contract substitution, ie, that have non-personal services contracts immediately prior to June 29, 2008, for the enjoyment of the benefits of EsSalud, need not meet with the grace period.
or Affiliation to a pension scheme to be optional for those who are already providing services to the State and their contracts are replaced by a CAS. It is mandatory for persons who are employed under this scheme since its entry into force. To this end, the person must choose between the National Pension System or the Private Pension System.
regard to membership in a pension scheme is optional for those at the date of entry into force of Legislative Decree No. 1057, are providing services for public entities and their contracts have been substituted or replaced by a CAS .
should point out that to hire a person under CAS, before the term of the Supreme Decree 075-2008-PCM (November 25, 2008) the entity could use some of the procedures governed by the Procurement Act State or otherwise regulated in other laws, as the case of procedure for the selection of chairpersons of regulators or create a new recruitment process that ensures the principle of equal opportunity, merit and ability.
were exempted from the tender procedure for those people with non-personal services contracts outstanding at June 29, 2008, which continued to run until maturity, being that, once overcome, if the Bank decided to extend or renew, we proceeded to replaced by a CAS, it was not necessary to undergo a competitive process.
This scheme provides that contracts can not be held administrative services with people with:
· Disabling administrative, judicial or political force to hold public office,
· People who receive other revenue, except to stop levying the income during the period of employment services administrative or teaching functions exercised .
· Who have prevented bidders or contractors to be expressly provided for by laws and regulations on the subject.
It should be noted that the CAS is a fixed-term contract that is subject to a period of time, whose deadline is the end of the fiscal year, being that you can hire a person than until 31 December of the year in which the contract is signed, not being possible to subscribe to indefinite or indeterminate. CAS contract may be renewed or extended as often as necessary. Each extension or renewal shall be permitted only until no later than December 31 of each year.
is not applicable contract term of CAS in case of officers, directors and other persons designated by resolution.
· Those who are not members of a pension scheme and do not wish to do so, must declare that decision to the Bank at the time of signing the contract.
· Those who are not members of a pension regime and their willingness to join, should decide their affiliation to any of them pursuant to Article 10.3 of the regulations. The entity to withhold contributions to the pension system as appropriate.
· Who are members of a pension regime but the date had suspended payment or will be providing a voluntary amount may remain in this situation or choose to contribute as a regular member. In the latter case, they should communicate that fact, by affidavit, to the entity which will be to withhold the contract for delivering a record retention record the amount withheld.
WHEN IS THE MEMBERSHIP IN A PENSION IS MANDATORY?.
Membership in a pension scheme is compulsory for those who, not being found by the above, are employed under the scheme of Legislative Decree No. 1057, provided that no case of current pensioners or people who are already affiliated as regular members, a pension regime. About
are already affiliated to a pension scheme as regular member, they must communicate that fact, by affidavit, to the entity which will be to withhold the contract for delivering a record check that records the amount withheld.
For the National Pension System of the retention payment is made pursuant to the mechanisms and procedures that the Sunat approve for that purpose. Contributions withheld and not paid in a period in which there are no mechanisms and procedures for payment in electronic form become effective once they are approved.
For the private pension system to pay the withheld contributions be made in accordance with current standards.
UNDP IF A CONTRACT OR FAG IS CHANGED TO A CONTRACT CAS, YOU HAVE THE RIGHT TO CHOOSE OR NOT TO JOIN A pension regime?
NO. According to Legislative Decree and its regulations, the contractor under UNDP or FAG to replace your contract for a CAS contract, only have the right to excuse the procedure laid down in Article 3 of Regulation of Legislative Decree No. 1057. Whereas the contracted through resource management agreements, such as UNDP, the Support Fund for Public Sector Management or similar are exempted from the application of Legislative Decree because the contractors are not only non-state entities, the right a membership option for pension scheme is not applied. Therefore, in cases where they are replaced his contract, joining the pension scheme is compulsory. The only advantage them is that they can join the new scheme, with the benefits they enjoy, without having to go through a bidding process. ANNUAL PHYSICAL
REST CAN BE ESTABLISHED A TIME OF REST ANNUAL GREATER THAN 15 DAYS?
Legislative Decree is clear. The annual leave as a benefit that has the CAS contract, without any reason whatsoever, is 15 calendar days for each year of service completed, receiving full remuneration. That is, the entity can not give more or fewer days. Excused Absences
ARE THERE OTHER FORMS OF REST?
NO. So there are certain assumptions which the CAS contract may leave the service under cause. Such as:
• If the contractor provides services under CAS for more than the maximum number of hours agreed in the contract, then the entity is obliged to give many hours of rest and hours in excess made.
· Suspension of the contract entitled to compensation.
· Suspension of the contract is not entitled to compensation.
PROCEED WHEN IS THE SUSPENSION OF THE CONTRACT WITH CONSIDERATION?
· The cases covered under the contributory regime ESSALUD and in accordance with the laws and regulations in force.
· In exercise of the right to prenatal and postnatal ninety (90) days. These cases are regulated according to the laws and regulations of ESSALUD.
· For acts of God or force majeure is duly established.
PROCEED WHEN IS THE SUSPENSION OF THE CONTRACT WITHOUT CONSIDERATION?
suspension without appropriate consideration in the case of personal leave in exceptional circumstances, for duly justified.
WHAT IS THE PROCEDURE TO APPLY FOR THE SUSPENSION OF THE CONTRACT?
There is no procedure established to award the contract suspension CAS. However, to resolve Entity otorgarlo o no:
· El contratado debería solicitar el descanso o permiso ante su jefe inmediato, explicando las razones y fundamentando su pedido.
· La autoridad inmediata, debería remitirlo a la Oficina de Recursos Humanos con su opinión para evaluar la solicitud y resolver favorablemente o rechazarla. En cualquier caso, la decisión debe estar motivada y debe responder a criterios de razonabilidad (que amerite la suspensión) y proporcionalidad (que el total de días a conceder dependa, en cada caso, de la situación, debiendo guardar proporción entre los días otorgados y el caso que generó la suspensión).
MODIFICACIÓN UNILATERAL DEL CONTRATO
WHEN IS UNILATERAL AUTHORITY MAY MODIFY THE CONTENT OF THE CONTRACT?
Under Article 6 of Regulation The Bank is empowered to modify the location, time and manner of service benefits, understanding how the latter to be provided. Or Substitution
ENCARGATURA
IS POSSIBLE THAT A CONTRACT IN MAY act as alternate CAS O ENCARGATURA OF CHARGE?
Si. A contract under CAS can supplement or encargársele charge temporarily.
CAS "UNDER CONTRACT OR THAT SUPPLY CHARGE A FEE WILL BE SECURED FOR THE BENEFITS PROVIDED FOR BY LAW No. 27444?
No. Article 1 of the regulations of the CAS, definitively established that the contract is governed by public law but sets that receive only the benefits and obligations under Legislative Decree No. 1057 and its regulations.
maximum working week
HOW MANY TIMES ARE THE MAXIMUM WEEKLY SERVICES MAY agreed in the Contract?
The Act provides that entities that hire people to perform non-autonomous services under this scheme may not enter into contracts for more than 48 hours per week of services.
CAN ENTER INTO A CONTRACT CAS LESS THAN 48 HOURS PER WEEK? 2
Si. Each entity may enter into contracts CAS for less than 48 hours per week. Weekly hours will be agreed by mutual agreement, taking into account the opening hours of the entity and needs it.
"PUBLIC AGENCIES ARE REQUIRED TO TAKE CONTROL OF ENTRY AND EXIT?
Public Entities are required to keep track of total hours actually worked per week, to see if it pays its full consideration or a proportional discount. The only way to keep track is to record income and output.
CONTROL WHAT TYPE OF INCOME DEPARTURES AND PUBLIC AGENCIES SHOULD BE IMPLEMENTED?
Public Entities may provide the mechanism for monitoring and recording and is considered best available. This implies from manual to more sophisticated mechanisms.
To avoid double entries, you should use the same system of control and personal record for the entity.
WHAT IS THE TREATMENT OF PERSONAL unexcused absences regulated under the CAS?
Unexcused absences are breach of contract obligations under CAS. The Bank should assess whether such errors are repeated and affect the efficiency of compliance tasks. If so, the Bank should assess, using criteria of objectivity, reasonableness, proportionality, justice, equal treatment and nondiscrimination. BODY RESPONSIBLE
WHAT IS THE BODY RESPONSIBLE FOR EACH ENTITY TO MANAGE THE CAS?
The body in charge of procurement for services is determined by each institution, according to the functions specified in the respective regulations of organization and functions.
is established in this way because until each entity fits organizationally, will have shared responsibilities.
whole process of formal tendering and contracting could be maintained in the Administrative Offices or in lieu thereof.
While all the treatment benefits, breaks, arrivals and departures, pensions, ESSALUD, etc. by the Office of Human Resources.
It should be noted that in almost all organizational units, both public entities are part of the General Office of Administration, which shall be the head of the same analysis if they initially have shared features in these units or the entire management of this type of contract falls into one, must amend the Rules of organization and functions, if necessary.
INCOME
WHAT CATEGORY INCOME TAX IS the consideration paid PEOPLE WITH CAS?
The consideration paid to people with CAS represent income from the fourth category of 26.11.2008 (effective date of the regulation Leg. N ° 1057).
MATCHING "ISSUE OF RECEIPT OF FEES PAID BY counterbalance PEOPLE WITH CAS?
Since the payments that are paid to people with CAS represent income in the fourth category, those people are obliged to issue receipt for fees.
HOW TO REGISTER TO PERSONS IN THE FORM WITH ELECTRONIC CAS?
To register for regular contributions to EsSalud and contributions to the pension regime shall be placed in the work category and registration of the consideration paid and the withholding of income tax, if applicable, also be recorded in the 4th category Category PS application.
EFFECT BUDGET
BUDGETARY IMPLICATION:
budget expenditures relating to contracts within the scope of Legislative Decree No. 1057 remain recorded in the same budget in which they affect contracts for non-personal services, while the Ministry Economy and Finance through the National Budget Groups, available as appropriate. MODEL CONTRACT
CAS
USE OF THE MODEL OF CONTRACT:
model Administrative Services Agreement was approved by Ministerial Resolution N º 417-2008-PCM of December 29, 2008. From that date, all public bodies must use this model for contracting, contract renewal or extension of CAS. The entities have entered into contracts CAS before approval of the standard contract should proceed with their immediate adaptation.
ASSESSMENT AND TRAINING UNDER CONTRACT CAS
WHAT IS THE RELATIONSHIP BETWEEN TRAINING REFERRED Legislative Decree No. 1025 and CAS?
Legislative Decree No. 1025 approving the rules of Training and Performance for professionals serving the State as part of System Administration Human Resources, to which is provided as a stimulus for workers who choose to undergo an evaluation process and and training benefits derived from a separate process from its contractual arrangements. Reason which under Article I of the regulation of CAS, said that the contract is governed by public law, under which falls under Legislative Decree No. 1025.
OTHER TOP IS THERE A For the amount of the consideration for the CAS?
SI. The Administrative Services Agreement is applicable to the provisions of the Emergency Decree No. 008-2008, which sets ceilings on income and can not perceive any person by a CAS more than the maximum established by that standard.
------------------------------------------------
-------------------------------- * Advocate. Senior Prosecutor Civil Ninth Lima - Office.
graduated the course and the Masters of Civil and Commercial of San Marcos.
Diploma in Civil Property Law, Labor Law and Administrative Procedure.
course of conciliation procedures in
PUCP
Course Candidate Training Program - PROFA - AMAG.
dlvillaverde@hotmail.com
This new legal instrument in force since June 29, 2008, as noted by the Fourth Complementary Final Legislative Decree No. 1057 and governed by public law, conferring only subject the benefits and obligations established by Legislative Decree No. 1057 and its Regulations, approved by Supreme Decree 075-2008-PCM, which is plane excluded from the benefits provided in both the Legislative Decree 276, Law on the Basis of Civil Service and Public Sector Wages, as in the Legislative Decree No. 728, which regulates the employment of workers subject to private activity .
This relationship is characterized by the provision of services of non-self by the contract, in favor of a public entity, it is exercised dependent manner, without giving rise to the employment relationship with the Bank.
benefits not previously recognized in the regime of non-personal services, now with this new regime governing the CAS, refer to:
or a maximum workday of 48 hours of service per week, able to contract for fewer hours a week, if deemed appropriate.
The overtime provision of services is offset by alternative physical rest. Weekly
or twenty-four hours of continuous paid. The timing of the break will be determined by the state, according to their own needs.
or physical closing fifteen calendar days pay for each year of continuous service. This benefit is gained at one year of service in the institution, starting the day after CAS signed. The renewal or extension does not interrupt service time accumulated.
or persons providing services in the form of CAS are regular subscribers of the contributory system of social security in health, in accordance with the provisions of Article 3 of Law 2 N º 26790 - Law of Modernization of the Social Security Health - and its regulations and amendments. Also included are the title referred to the Act.
registration procedures, the declaration, payment of contributions to Social Security Systems by State, Income Tax, accreditation and other persons providing services in the form of CAS are SUNAT charge and are conducted in accordance with the provisions of Law No. 27334 and its regulations.
public entities are required to make the registration of those hired under CAS, the declaration, payment of contributions to the Social Security System by the State and the income tax in a timely manner.
People who provide services in the form of CAS also enjoy additional coverage SCTR, as appropriate, for which the administration must engage the SCTR for health to EsSalud or EPS and pension SCTR to the ONP or insurance company, always to develop high-risk activities set out in Annex 5 of Decree Supreme Decree No. 009-97-SA.
According to the Third Supplementary Provision Final Regulation, the obligation to pay the scheme Contributory Social Security in Health on the Legislative Decree No. 1057, will operate from January 1, 2009, with budgets institutional respective specifications approved for this fiscal year, without demanding additional resources to the Treasury.
The grace period is defined as the time period of three (03) periods counted from the start of registration as a regular member and their beneficiaries, during which there is no right to benefits coverage EsSalud.
In the case of new hires to start providing its services from January 1, 2009, for the enjoyment of benefits EsSalud must comply with the vesting period.
is excepted from the exclusion period, the CAS contract substitution, ie, that have non-personal services contracts immediately prior to June 29, 2008, for the enjoyment of the benefits of EsSalud, need not meet with the grace period.
or Affiliation to a pension scheme to be optional for those who are already providing services to the State and their contracts are replaced by a CAS. It is mandatory for persons who are employed under this scheme since its entry into force. To this end, the person must choose between the National Pension System or the Private Pension System.
regard to membership in a pension scheme is optional for those at the date of entry into force of Legislative Decree No. 1057, are providing services for public entities and their contracts have been substituted or replaced by a CAS .
should point out that to hire a person under CAS, before the term of the Supreme Decree 075-2008-PCM (November 25, 2008) the entity could use some of the procedures governed by the Procurement Act State or otherwise regulated in other laws, as the case of procedure for the selection of chairpersons of regulators or create a new recruitment process that ensures the principle of equal opportunity, merit and ability.
were exempted from the tender procedure for those people with non-personal services contracts outstanding at June 29, 2008, which continued to run until maturity, being that, once overcome, if the Bank decided to extend or renew, we proceeded to replaced by a CAS, it was not necessary to undergo a competitive process.
This scheme provides that contracts can not be held administrative services with people with:
· Disabling administrative, judicial or political force to hold public office,
· People who receive other revenue, except to stop levying the income during the period of employment services administrative or teaching functions exercised .
· Who have prevented bidders or contractors to be expressly provided for by laws and regulations on the subject.
It should be noted that the CAS is a fixed-term contract that is subject to a period of time, whose deadline is the end of the fiscal year, being that you can hire a person than until 31 December of the year in which the contract is signed, not being possible to subscribe to indefinite or indeterminate. CAS contract may be renewed or extended as often as necessary. Each extension or renewal shall be permitted only until no later than December 31 of each year.
is not applicable contract term of CAS in case of officers, directors and other persons designated by resolution.
· Those who are not members of a pension scheme and do not wish to do so, must declare that decision to the Bank at the time of signing the contract.
· Those who are not members of a pension regime and their willingness to join, should decide their affiliation to any of them pursuant to Article 10.3 of the regulations. The entity to withhold contributions to the pension system as appropriate.
· Who are members of a pension regime but the date had suspended payment or will be providing a voluntary amount may remain in this situation or choose to contribute as a regular member. In the latter case, they should communicate that fact, by affidavit, to the entity which will be to withhold the contract for delivering a record retention record the amount withheld.
WHEN IS THE MEMBERSHIP IN A PENSION IS MANDATORY?.
Membership in a pension scheme is compulsory for those who, not being found by the above, are employed under the scheme of Legislative Decree No. 1057, provided that no case of current pensioners or people who are already affiliated as regular members, a pension regime. About
are already affiliated to a pension scheme as regular member, they must communicate that fact, by affidavit, to the entity which will be to withhold the contract for delivering a record check that records the amount withheld.
For the National Pension System of the retention payment is made pursuant to the mechanisms and procedures that the Sunat approve for that purpose. Contributions withheld and not paid in a period in which there are no mechanisms and procedures for payment in electronic form become effective once they are approved.
For the private pension system to pay the withheld contributions be made in accordance with current standards.
UNDP IF A CONTRACT OR FAG IS CHANGED TO A CONTRACT CAS, YOU HAVE THE RIGHT TO CHOOSE OR NOT TO JOIN A pension regime?
NO. According to Legislative Decree and its regulations, the contractor under UNDP or FAG to replace your contract for a CAS contract, only have the right to excuse the procedure laid down in Article 3 of Regulation of Legislative Decree No. 1057. Whereas the contracted through resource management agreements, such as UNDP, the Support Fund for Public Sector Management or similar are exempted from the application of Legislative Decree because the contractors are not only non-state entities, the right a membership option for pension scheme is not applied. Therefore, in cases where they are replaced his contract, joining the pension scheme is compulsory. The only advantage them is that they can join the new scheme, with the benefits they enjoy, without having to go through a bidding process. ANNUAL PHYSICAL
REST CAN BE ESTABLISHED A TIME OF REST ANNUAL GREATER THAN 15 DAYS?
Legislative Decree is clear. The annual leave as a benefit that has the CAS contract, without any reason whatsoever, is 15 calendar days for each year of service completed, receiving full remuneration. That is, the entity can not give more or fewer days. Excused Absences
ARE THERE OTHER FORMS OF REST?
NO. So there are certain assumptions which the CAS contract may leave the service under cause. Such as:
• If the contractor provides services under CAS for more than the maximum number of hours agreed in the contract, then the entity is obliged to give many hours of rest and hours in excess made.
· Suspension of the contract entitled to compensation.
· Suspension of the contract is not entitled to compensation.
PROCEED WHEN IS THE SUSPENSION OF THE CONTRACT WITH CONSIDERATION?
· The cases covered under the contributory regime ESSALUD and in accordance with the laws and regulations in force.
· In exercise of the right to prenatal and postnatal ninety (90) days. These cases are regulated according to the laws and regulations of ESSALUD.
· For acts of God or force majeure is duly established.
PROCEED WHEN IS THE SUSPENSION OF THE CONTRACT WITHOUT CONSIDERATION?
suspension without appropriate consideration in the case of personal leave in exceptional circumstances, for duly justified.
WHAT IS THE PROCEDURE TO APPLY FOR THE SUSPENSION OF THE CONTRACT?
There is no procedure established to award the contract suspension CAS. However, to resolve Entity otorgarlo o no:
· El contratado debería solicitar el descanso o permiso ante su jefe inmediato, explicando las razones y fundamentando su pedido.
· La autoridad inmediata, debería remitirlo a la Oficina de Recursos Humanos con su opinión para evaluar la solicitud y resolver favorablemente o rechazarla. En cualquier caso, la decisión debe estar motivada y debe responder a criterios de razonabilidad (que amerite la suspensión) y proporcionalidad (que el total de días a conceder dependa, en cada caso, de la situación, debiendo guardar proporción entre los días otorgados y el caso que generó la suspensión).
MODIFICACIÓN UNILATERAL DEL CONTRATO
WHEN IS UNILATERAL AUTHORITY MAY MODIFY THE CONTENT OF THE CONTRACT?
Under Article 6 of Regulation The Bank is empowered to modify the location, time and manner of service benefits, understanding how the latter to be provided. Or Substitution
ENCARGATURA
IS POSSIBLE THAT A CONTRACT IN MAY act as alternate CAS O ENCARGATURA OF CHARGE?
Si. A contract under CAS can supplement or encargársele charge temporarily.
CAS "UNDER CONTRACT OR THAT SUPPLY CHARGE A FEE WILL BE SECURED FOR THE BENEFITS PROVIDED FOR BY LAW No. 27444?
No. Article 1 of the regulations of the CAS, definitively established that the contract is governed by public law but sets that receive only the benefits and obligations under Legislative Decree No. 1057 and its regulations.
maximum working week
HOW MANY TIMES ARE THE MAXIMUM WEEKLY SERVICES MAY agreed in the Contract?
The Act provides that entities that hire people to perform non-autonomous services under this scheme may not enter into contracts for more than 48 hours per week of services.
CAN ENTER INTO A CONTRACT CAS LESS THAN 48 HOURS PER WEEK? 2
Si. Each entity may enter into contracts CAS for less than 48 hours per week. Weekly hours will be agreed by mutual agreement, taking into account the opening hours of the entity and needs it.
"PUBLIC AGENCIES ARE REQUIRED TO TAKE CONTROL OF ENTRY AND EXIT?
Public Entities are required to keep track of total hours actually worked per week, to see if it pays its full consideration or a proportional discount. The only way to keep track is to record income and output.
CONTROL WHAT TYPE OF INCOME DEPARTURES AND PUBLIC AGENCIES SHOULD BE IMPLEMENTED?
Public Entities may provide the mechanism for monitoring and recording and is considered best available. This implies from manual to more sophisticated mechanisms.
To avoid double entries, you should use the same system of control and personal record for the entity.
WHAT IS THE TREATMENT OF PERSONAL unexcused absences regulated under the CAS?
Unexcused absences are breach of contract obligations under CAS. The Bank should assess whether such errors are repeated and affect the efficiency of compliance tasks. If so, the Bank should assess, using criteria of objectivity, reasonableness, proportionality, justice, equal treatment and nondiscrimination. BODY RESPONSIBLE
WHAT IS THE BODY RESPONSIBLE FOR EACH ENTITY TO MANAGE THE CAS?
The body in charge of procurement for services is determined by each institution, according to the functions specified in the respective regulations of organization and functions.
is established in this way because until each entity fits organizationally, will have shared responsibilities.
whole process of formal tendering and contracting could be maintained in the Administrative Offices or in lieu thereof.
While all the treatment benefits, breaks, arrivals and departures, pensions, ESSALUD, etc. by the Office of Human Resources.
It should be noted that in almost all organizational units, both public entities are part of the General Office of Administration, which shall be the head of the same analysis if they initially have shared features in these units or the entire management of this type of contract falls into one, must amend the Rules of organization and functions, if necessary.
INCOME
WHAT CATEGORY INCOME TAX IS the consideration paid PEOPLE WITH CAS?
The consideration paid to people with CAS represent income from the fourth category of 26.11.2008 (effective date of the regulation Leg. N ° 1057).
MATCHING "ISSUE OF RECEIPT OF FEES PAID BY counterbalance PEOPLE WITH CAS?
Since the payments that are paid to people with CAS represent income in the fourth category, those people are obliged to issue receipt for fees.
HOW TO REGISTER TO PERSONS IN THE FORM WITH ELECTRONIC CAS?
To register for regular contributions to EsSalud and contributions to the pension regime shall be placed in the work category and registration of the consideration paid and the withholding of income tax, if applicable, also be recorded in the 4th category Category PS application.
EFFECT BUDGET
BUDGETARY IMPLICATION:
budget expenditures relating to contracts within the scope of Legislative Decree No. 1057 remain recorded in the same budget in which they affect contracts for non-personal services, while the Ministry Economy and Finance through the National Budget Groups, available as appropriate. MODEL CONTRACT
CAS
USE OF THE MODEL OF CONTRACT:
model Administrative Services Agreement was approved by Ministerial Resolution N º 417-2008-PCM of December 29, 2008. From that date, all public bodies must use this model for contracting, contract renewal or extension of CAS. The entities have entered into contracts CAS before approval of the standard contract should proceed with their immediate adaptation.
ASSESSMENT AND TRAINING UNDER CONTRACT CAS
WHAT IS THE RELATIONSHIP BETWEEN TRAINING REFERRED Legislative Decree No. 1025 and CAS?
Legislative Decree No. 1025 approving the rules of Training and Performance for professionals serving the State as part of System Administration Human Resources, to which is provided as a stimulus for workers who choose to undergo an evaluation process and and training benefits derived from a separate process from its contractual arrangements. Reason which under Article I of the regulation of CAS, said that the contract is governed by public law, under which falls under Legislative Decree No. 1025.
OTHER TOP IS THERE A For the amount of the consideration for the CAS?
SI. The Administrative Services Agreement is applicable to the provisions of the Emergency Decree No. 008-2008, which sets ceilings on income and can not perceive any person by a CAS more than the maximum established by that standard.
------------------------------------------------
-------------------------------- * Advocate. Senior Prosecutor Civil Ninth Lima - Office.
graduated the course and the Masters of Civil and Commercial of San Marcos.
Diploma in Civil Property Law, Labor Law and Administrative Procedure.
course of conciliation procedures in
PUCP
Course Candidate Training Program - PROFA - AMAG.
dlvillaverde@hotmail.com
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